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Ord 640 Amending Chapter 78 Town Owned Cemeteries providing for the name of the CemeteryTOWN OF WESTLAKE ORDINANCE 640 AN ORDINANCE OF THE TOWN OF WESTLAKE, TEXAS AMENDING CHAPTER 78, ARTICLE, III TOWN OWNED CEMETERIES, SECTION 7860; PROVIDING FOR THE NAME OF THE CEMETERY TO BE I.O.O.F WESTLAKE CEMETERY; PROVIDING A PENALTY CLAUSE; PROVIDING A CUMULATIVE CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; AUTHORIZING PUBLICATION; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, on April 19th, the Council adopted ordinance 637 which established the rules and regulation and renamed the cemetery to Town of Westlake Cemetery; and WHEREAS, the Grand Lodge Board of Trustee approved the use of the I.O.O.F. as part of the new name of the Town owned cemetery on May 81h 2010; and WHEREAS, the formerly known as the "Town of Westlake Cemetery" shall hereafter by known as the I.O.O.F Westlake Cemetery in order to provide a secure well maintained facility it is necessary to establish limitations on certain activities and the use of the facility as penal ordinances. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS: SECTION 1: That all matters stated in the preamble are found to be true and correct and are incorporated herein as if copied in their entirety. SECTION 2: Chapter 78, Article III of the Town of Westlake Code is hereby amended as follows: Sec.78-60. The municipal cemetery located in and owned by the Town of Westlake, formerly known as the Town of Westlake Cemetery shall hereafter by known as the " LO.O.F Westlake Cemetery." SECTION 3: PENALTY Any person, firm, or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this ordinance shall be fined not more than Five Hundred Dollars ($500.00) for all violations involving this ordinance. Each day that a violation is permitted to exist shall constitute a separate offense. SECTION 4: CUMULATIVE CLAUSE This ordinance shall be cumulative of all provisions of ordinances of the Town of Westlake,. Texas, except where provisions of this ordinance are in direct conflict with the provisions of another ordinance, in which event the conflicting provisions of the other ordinance are hereby repealed. Ordinance 640 Page 1 of 2 SECTION 5: SEVERABILITY CLAUSE It is hereby declared to be the intention of the Town Council that the phrases, clauses, sentences, paragraphs, and sections are severable, and if any phrase, clause, sentence, paragraph, or section of this ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs, and sections of this ordinance, since they would have been enacted by the Town Council without the incorporation in this ordinance of the unconstitutional phrase, clause, sentence, paragraph or section. SECTION 6: SAVINGS CLAUSE All rights and remedies of the Town of Westlake are expressly saved as to any and all violations of the provisions of the Code of Ordinances, Town of Westlake, Texas, as amended, or any other ordinances affecting such code which have accrued at the time of the effective date of this ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such ordinances, same shall not be affected by this ordinance but may be prosecuted until final disposition by the courts. SECTION 7: PUBLICATION The Town Secretary of the Town of Westlake is hereby directed to publish in the official newspaper of the Town of Westlake, the caption, penalty clause, and the effective date of this ordinance. SECTION 8: EFFECTIVE DATE This ordinance shall be in full force and effect from and after its passage and publication as required by law. PASSED AND APPROVED THIS 28TH DAY OF JUNE 2010. ATTEST: m Laura Wheat, Mayor - r �& Manager Ordinance 640 Page 2 of 2 THE STATE OF TEXAS I, Pam No fte , Office Manager of the Alliance Regional Newspapers of Bedford, Texas, a newspaper of general circulation which has been published in Denton County and Tarrant County regularly and continuously for a period of one year prior to the first day of publication of this notice, solemnly swear that the notice hereto attached was published in the Alliance Regional Newspapers, on the following dates, to -wit: In .the auey 7, 2010, iz.6ae of i -he 7.imes--�2eg-i,6te/z Town o f ldel3t fake O/zdinance 640 Office Manager Pam Noi;te SUBSCRIBED AND SWORN TO before me on the 7th day of u i y , 2010 to certify which witness my hand and official seal. ka AMANDA HENSARLINGMy Commission Expires December 05, 2012